If I already served 8 days in jail, why are they making me pay a fine?
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If I already served 8 days in jail, why are they making me pay a fine?
This incident happened 4 years ago. I was not made aware that I owed anything. I also thought it would be taken care of due to my lengthy unnecessary stay in jail. I was convicted of disorderly conduct. My file says I still owe $220. Also, they are saying since I didn’t pay it, that I cannot get it expunged for an entire year from the date I paid.
Asked on August 9, 2011 Ohio
Answers:
L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While you have already served your jail time you may want to contact a criminal defense attorney who can assist you with this fine matter along with handling your expungement application and having your criminal record sealed. When you were sentenced, the fine should have been listed on your sentencing sheet. The criminal docket should also list your sentence and any fine imposed by the court. You may want to double-check this information since you stated that you still owe $220, and the usual maximum fine for disorderly conduct in Ohio is $150. Additionally, the disorderly conduct can be bumped up to a fourth degree misdemeanor if a person resists the police after their request to desist.
You want to confirm what you were actually charged and convicted of, because that will dictate your “expungement waiting period.” This waiting period is the amount of time that you need to wait in order to start the application process to have your record expunged and sealed. The waiting period will not begin until the case is terminated or otherwise disposed of, this means serving a sentence, serving court-ordered probation, and paying and fines imposed by the courts.
You may want to contact a criminal defense attorney in your area to obtain a copy of your criminal record, so that you can have assistance with getting this fine matter straightened out also assistance with having your criminal record expunged.
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